Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 8327
SECOND DIVISION Docket No. 8201
2-CR-MA.-' 80
The Second Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered,
International Association of Machinists
and Aerospace Workers
Parties to Dispute:
(
( Consolidated Rail Corporation
Dispute: Claim of Employes:_
1. That the Consolidated Rail Corporation violated the Controlling
Agreement, particularly Rule 2-A-1(e), of the Agreement entered into
by and between the Pennsylvania Railroad Company and the International
Association of Machinists and Aerospace Workers, dated April 1, 1952,
as amended, when they moved at the instance of Management Machinist
R. J. McMullen off his regular position and assigned him to dismantle
and assemble
E-4+
Equipment Blowers.
2, That accordingly, the Consolidated Rail Corporation be ordered to
compensate Machinist R. J. McMullen in the amount of three (3) hours
for the following days: August 25, 26, 29, 30, September 1, 21, and
October 11, 1977.
Findings:
The Second Division of the Adjustment Board, upon the whole record and all
the evidence, finds that:
The carrier or carriers and the employe or employes involved in this dispute
are respectively carrier and employe within the meaning of the Railway Labor Act
as approved June 21, 193.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
This case involves a dispute over whether carrier violated the contractual
agreement, specifically Rule 2 A-1 (E), when it denied Machinist R. J. McMulle:n
three hours of penalty pay on seven occasions while assigning him to dismantle;
and assemble
E-44
equipment blowers. Claimant was assigned a regular bulletined
position on the first shift at carrier's ~Tuniata Machine Shop facilities. The
bulletined position specifies the duties as follows: "Do all layout work and
miscellaneous bench work required. Read blueprints and use micrometers."
The record established that while claimant did not receive penalty pay on
the seven occasions in question, he did receive three hours of penalty pay thx·ee
other times when he was assigned work on
E-4+
blowers. Carrier argues that this
payment was in error and should not be continued. The carrier also contends
work on blowers is not part of a bulletined position. It is miscellaneous
Form 1 Award No. 8327
Page 2 Docket No, 8201
2-CR-MA-'80
bench work and should be done by machinists. The organization opposes this
characterization of the work and insists that claimant was assigned work that
was not in any way part of his bulletined assignment.
After a review of the record, this Board finds that the carrier has violated
Article 2-A-1 (E) of the controlling agreement. Article 2-A-1 (E) clear7.y states
that three hours°.pat at straight time will be paid to an employee who is, by
direction of management, assigned to work in another position. From the record
before it, this Board cannot construe the work on E-4+ blowers, as described here
to be part of claimant's bulletined assignment or miscellaneous work. Carrier
assigned claimant to a location in the shop away from his regular work area and
directed him to dismantle, repair, and reassemble E-44 equipment blowers. Such
work is not included in claimant's bulletined assignment.
Carrier's argument that claimant was assigned this work because of lack of
work on his regular assignment cannot prevail. Theca is no evidence in the record
to support such an assertion. In addition, this argument was not presented and
discussed on the property, It cannot, therefore, be advanced at the Board level
of this dispute. This Board has consistently held that arguments not advanced
on the property will not be considered by it.
A W A R D
Claim sustained.
NATIONAL RAIhRQ4D ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
l
By _
osemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 16th day of April,
1980.